$37.5 million in compensatory damages, the largest such award ever against the tobacco industry was awarded to John and Yolanda Lukacs by a Miami-Dade jury after a two-week trial before Judge Amy Donner. Phil Gerson tried the case with co-counsel Steve Hunter and Miles McGrane. The trial was limited to compensatory damages since the Engle class action had already determined punitive damages on behalf of the entire class. The issues in the Lukacs trial were further limited to causation, reliance upon industry fraud and misrepresentation and alleged comparative negligence of the client. In opening statement Phil Gerson chronicled the life of John Lukacs hallmarking 1925 to 2002 with anchored references to who was the sitting president of the United States during different periods of the plaintiffs life. Using a metaphorical time machine the jury was taken over the childhood, adolescence, military career, education, childrearing, professional career, and prolonged illness. Phil Gerson effectively cross-examined the tobacco industry historian who ultimately admitted his opinions were not "fair." Use of Life Magazine advertisements by the industry were presented to show reliance by the plaintiff. Together with Steve Hunter Phil Gerson discredited the tobacco company doctor experts who tried to attribute both tongue and bladder cancer to other causes. Phil handled all the damage witnesses and argued damages to the jury. The request for $25 million for the plaintiff and $12.5 million for his wife was exactly what the jury came back with. "We did our own focus groups and mock trials in our office several months before trial. This research helped us prepare our damage case and damage prayer to the jury." Said Phil Gerson. The jury verdict was the largest amount ever awarded to a single individual and wife in a compensatory damage case in Miami-Dade County. It was also the largest verdict ever against the tobacco industry anywhere for compensatory damages. We are grateful to our trial judge for having the wisdom and compassion to give us an early trial based on our client's declining health despite vigorous tobacco industry opposition including interlocutory appeal of the order denying defense motions for continuance and further delay. As we feared, our client John Lukacs, a distinguished and admired lawyer himself, succumbed to the to the deadly grip of cancer caused by cigarette smoke in October of this year. Our heartfelt sympathies are with the entire Lukacs family for their great loss. The death of John Lukacs was a loss to our profession and to our entire community.